Photo: US Marshal’s Service
By Lee Burnett
The Sanford Police Department has lots of questions and concerns as officers prepare to enforce Maine’s red flag law that will take effect Feb. 21.
The law offers a new way to temporarily remove guns from people who appear to threaten harm to themselves or others. It was approved by Maine voters in November, two years after the mass shooting in Lewiston that killed 18 people.
The Sanford PD has experience with enforcing the yellow flag law, and to smooth the transition, the department plans to send several officers to an upcoming training and review session offered by Maine State Police, according to Maj. Mark Dyer. There is no standardized training yet, he noted.
The red flag law allows police to confiscate guns without taking a person into custody, based on the sworn statement of a family or household member. The yellow flag law, which remains in effect, requires police to obtain a mental health diagnosis and take a person into protective custody before a weapon can be confiscated.
The Police Department is raising several concerns – about petitioner safety, conflicting time requirements, cost, and reassessment prior to returning weapons – while also pledging to do its best, according to Dyer.
“As with any significant legislative change, Sanford PD will continue to evaluate how the law functions in real-world situations and will work collaboratively with the courts, state partners, and the community to ensure it is applied fairly, safely, and effectively,” Dyer said in a prepared statement.
One concern raised is that the law does not mandate restrictions on the movements of a person whose guns have been confiscated, as with protection from abuse orders, he said. He raised the hypothetical situation of an adult son petitioning for the removal of guns from his father, while the two continue to live in the same household. “Good luck with your relationship,” Dyer said.
He noted the law allows the return of weapons, if a petitioner withdraws an order, without a reassessment, even in situations where a petitioner may have been pressured or intimidated into withdrawing the order.
Another concern is what happens in the event someone denies possession of weapons or refuses entry. Would the courts permit search warrants based solely on written statements indicating that person has a weapon, he asked.
Dyer noted the law includes no funding for the increased call volume, officer time, overtime, training, evidence storage, or the specialized equipment required for secure weapons storage. (Gov. Janet Mills called for red flag implementation funding in her state of the state speech last week.) The Maine Department of Public Safety is leading efforts to implement the law and holds the first training Feb. 10. Department spokesperson Shannon Moss said the sessions are focused on understanding how the law works with an emphasis on court processes, safe and effective service, firearms relinquishment, and how the new law might coexist with the current yellow flag law.
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